The Express Newspaper

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WEDNESDAY, OCTOBER 1, 2008 Established 1988.

SERVING NELSON & AREA

VOLUME 20, NUMBER 44

INSIDE

Politicians under the microscope Federal candidates face tough questions. PAGE 3-4

Growing traditions CHRIS SHEPHERD

Central School celebrated the opening of their garden on Friday, Sept. 26 with songs, speeches and the planting of wildflowers by Dave Johnson and Zion Elliott. Johnson attended Central as a child and Elliott is currently a student and her great-grandmother was also a student. The school’s classes look after different sections of the garden which has corn, sunflowers, pumpkins and a host of flowers. The garden and accompanying field replace an asphalt yard.

“Holy Smoke 4” guilty Defence lawyer says he will appeal guilty verdicts in drug trafficking case, sentencing due next month by Chris Shepherd

Ghetto art show Local woman brings art from Africa’s ghettos to Nelson. PAGE 12

Editorial . . . . Street Talk . . Crossword . . A&E . . . . . . . . Events . . . . . . Health . . . . . . Sports & Rec Classifieds . .

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Homes&Gardens . 22

The four men charged with drug trafficking out of a Baker Street business were found guilty last week but they will to wait until October to hear their sentences. Judge Donald Sperry of the B.C. Provincial Court quickly dismissed the defence built up by Holy Smoke co-owners Alan Middlemiss, Paul DeFelice, and their associates, Kelsey Stratas and Akka Annis. Over several days in 2006, the four men sold marijuana and hash to undercover police out of Holy Smoke, 512 Hendryx St. They did not deny the charges but their lawyer,

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next door garden, but the judge was not convinced. “Taking heat off the store is self service, not community service,” Judge Sperry said. He added legalizing marijuana isn’t the responsibility of the court, but of the government. Crown lawyer Robert Brown asked for a nine to 12-month sentence for Middlemiss, DeFelice and Stratas. Those three all had prior convictions for drug related offences. Annis has no prior convictions and Brown did not specify a sentence. Brown said the four offered no remorse for their crime, accusing them of having an “inyour-face attitude,” as evidenced by the massive

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Don Skogstad, argued they were providing an important community service by providing a safe environment to buy marijuana that wasn’t mixed with other drugs. Skogstad also said they provided the drug to people who needed it for medical purposes and would not sell to minors. While Skogstad had introduced witnesses who backed up those claims, Judge Sperry said the undercover police officers who bought the marijuana were neither underage, sick or concerned with quality. The defendants also argued they started selling out of the store to counter drug dealers who were working out of the

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sign on their shop and their behaviour in court. “I believe the community looks to you silently . . . to impose a sentence that’s going to be a message,” Brown told the judge. “It’s not going to be accepted in our community.” Defence lawyer Skogstad took exception to the length of sentence requested and said someone who sold drugs in an alley would not get more than a month in prison. Skogstad argued the country, and the Kootenays in particular, want marijuana legalized. Marijuana advocacy was a recurring theme in Skogstad’s case. “If you give them that sentence, you’re telling

them they have no free speech,” Skogstad told the judge. Speaking to reporters after the hearing, DeFelice said he was disappointed, but not surprised, by the judge’s decision. “I was hoping, I guess, beyond hope, that the judge would see some merit in our arguments, but it sounds like he didn’t see any merit in our arguments.” The defence asked for a delay in sentencing to gather support from the community, including a petition that will be circulated around Nelson. Judge Sperry will deliver his sentence on Tuesday, Oct. 14 at 9 a.m.

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